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for Phase II Bond Release. The Loadout pond and associated ditch have not yet been reclaimed, as such <br />liability for these structures are not eligible for release at this time. <br />Summary and Conclusion - Based upon a review of the mine permit and approved reclamation plan, the <br />bond release application and the site inspection, the Division finds that KCC has successfully completed <br />topsoil replacement, sediment control and vegetation establishment on 6.9 acres at the Loadout. <br />Phase II Bond Release for the Marr Pit <br />Topsoil Replacement-Coal extraction from the Marr Pit was completed in 1978. The Marr Pit was <br />reclaimed prior to 1983. Table 59a, provided by KCC in the Bond Release application, does not provide <br />any topsoil replacement history for the Marr Pit. The Marr Pit was disturbed and mined prior to the <br />promulgation of the Colorado Surface Coal Mining Reclamation Act. As such, the requirements for <br />topsoil salvage prior to mining were less stringent than under the permanent program requirements. All <br />available topsoil at the Marr Pit was used as evidenced by the absence of remaining topsoil stockpiles. An <br />aerial photograph taken October 21, 1982 shows that topsoil had been replaced on the Marr Pit in all but <br />the southern portion of this area. At the time of the photo, the southern portion of the Marr Pit was being <br />regraded. The Marr Pit area did not have a specified topsoil replacement depth criteria. The Division <br />believes all available topsoil was utilized. Therefore the topsoil replacement criteria for the Marr Pit has <br />been achieved. <br />Establishment of Vegetation-To evaluate establishment of vegetation for Phase II Bond Release, the <br />Division requires a statistically adequate sample of vegetative cover collected during a single year from <br />each reclaimed area and each reference area. Vegetation establishment is considered acceptable if the <br />cover of the revegetated area is at least 90% of the reference area or other approved standard with a 90% <br />statistical confidence. The reclaimed Marr Pit and two reference areas, Alkali sagebrush and Sagebrush- <br />grass, were sampled to adequacy in 2005. The mean vegetative cover measured on the Marr Pit area in <br />2005 was 39.2%. Ninety percent of the acreage-weighted mean for 2005 reference area sampling was <br />31.7% cover. The vegetative cover established on the reclaimed Marr Pit area exceeded the criterion for <br />Phase II Bond Release. <br />Hydrologic Reclamation (Sedimentation)-The Marr Pit area drains to permanent Pond D and permanent <br />Pond E. TR19 (approved January 11, 2000) approved Ponds A, B, D and E to remain as permanent <br />structures. TR19 provided RUSLE calculations to demonstrate that runoff from the reclaimed area does <br />not contribute additional suspended solids to streamflow or runoff outside the permit area in excess of pre- <br />mining levels..." (Rule 3.03.1(3)(b)) [Exhibit 42B]. Vegetation was monitored in 1999. Based on 1999 <br />vegetation sampling data and the RUSLE formula, the annual sediment yield from the reclaimed Marr Pit <br />area would contribute 0.63 tons/acres/year. Data collected in 1999 from the associated reference areas, <br />Alkali sagebrush and Sagebrush-grass, which represent the pre-mining condition, were calculated to <br />contribute 1.05 tons/area/year to the annual sediment yield. The sediment from the reclaimed area is <br />shown to be less than the pre-mining condition (or reference area). <br />Summary and conclusions- Based upon a review of the mine permit and approved reclamation plan, the <br />bond release application and the site inspection, the Division finds that KCC has successfully completed <br />sediment control and vegetation establishment at the Marr Pit. No bond had been submitted specifically <br />Marr Mine SL4